CITY OF WEBSTER CITY v. DRAHEIM

No. 63302.

292 N.W.2d 406 (1980)

CITY OF WEBSTER CITY, Iowa, Plaintiff, v. Honorable Newt DRAHEIM as Judge of the District Court of Iowa In and For Hamilton County, Defendant.

Supreme Court of Iowa.

May 21, 1980.


Attorney(s) appearing for the Case

Kieth Van Doren and Don J. Bottorff of Hemingway, Myers & Bottorff, Webster City, for plaintiff.

Francine A. O'Brien, Fort Dodge, for defendant.

Considered by REYNOLDSON, C. J., and REES, UHLENHOPP, ALLBEE and McGIVERIN, JJ.


McGIVERIN, Justice.

The question presented in this certiorari action is whether defendant district court judge acted illegally and in excess of his jurisdiction, on an appeal from a part-time magistrate's judgment in a case involving alleged violation of a city ordinance, by refusing to proceed with trial de novo and instead ordering the case remanded for retrial before a different magistrate. We believe the order was entered without authority and sustain the writ...

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